Community service, not jail, for mother in negligent homicide case
By Sara Israelsen-Hartley
Deseret News
Published: December 17, 2008
PROVO — Inside her Saratoga Springs home, mother Regina Tausinga told the judge she has two pictures of 4-year-old Cooper Mardesich to remind herself and her son to make better decisions.
"I just want to apologize to the court, my family and friends and to the Mardesich family for the decisions I made that led up to this," Tausinga said through her tears. "Ted and Sharon (Mardesich) gave us a gift we can never repay. They forgave my son. I will try every day to be worthy of that gift."
Tausinga, 40, pleaded no contest Wednesday to a class A misdemeanor of negligent homicide and guilty to a class C misdemeanor of allowing her unlicensed 15-year-old son to drive — a decision that cost Cooper his life.
Cooper had been riding his bike in his Saratoga Springs neighborhood with his mother, Sharon, on Aug. 21, as they dropped another sibling off at the bus stop.
Tausinga's son, who was driving the family van, failed to see Cooper after the bus pulled away and struck him with the vehicle.
Cooper was flown to Primary Children's Medical Center where he later died.
The agreement was that Tausinga would serve no time in jail, but give 185 hours of community service and spend one year on court probation.
That was agreeable to the Mardesich family, who said they did not want their neighbor to go to jail, deputy Utah County attorney Guy Probert said.
"It had been such a tragedy for both families, enough harm had been done," Probert said. "(They knew) nobody would benefit from her going to jail."
Tausinga's son previously pleaded no contest to negligent homicide and was ordered by a juvenile court judge to also perform 185 hours of community service.
The story, though tragic, has developed an incredible overtone of forgiveness.
"Since this, the Tausinga and Mardesich families have become quite close," said defense attorney Stephen Frazier. "I haven't seen this before (where families) have come together over a tragedy like this."
Frazier said the families' bonding has helped with both of their healing processes.
"They are our friends," Ted Mardesich told Judge Lynn Davis, and called the accident an "error" and nothing malicious.
Rather than send Tausinga's case for a pre-sentence review, as is common with most class A misdemeanors, especially where a death is involved, both sides wanted the sentencing immediately.
Restitution will be settled within the next 60 days, as the Mardesich's are still receiving hospital bills related to Cooper's stay, Probert said.
"This is another amazing story, in my estimation, as it relates to the gift of forgiveness," Davis said.
